[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Proposed Rules]
[Pages 30101-30103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14002]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-287-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and C-9 (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-10, -20, -30, -40, and -50 series airplanes; and C-9 (military) 
airplanes. This proposal would require a one-time visual inspection of 
circuit breakers to determine the manufacturer of the circuit breakers, 
and corrective action, if necessary. This action is necessary to 
prevent internal overheating and arcing of circuit breakers and 
airplane wiring due to long-term use and breakdown of internal 
components of the circuit breakers, which could result in smoke and 
fire in the flight compartment and main cabin. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by July 20, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-287-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 99-NM-287-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Elvin Wheeler, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5344; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address

[[Page 30102]]

specified above. All communications received on or before the closing 
date for comments, specified above, will be considered before taking 
action on the proposed rule. The proposals contained in this action may 
be changed in light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-287-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-287-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    As part of its practice of re-examining all aspects of the service 
experience of a particular aircraft whenever an accident occurs, the 
FAA has become aware of instances of smoke and electrical odor in the 
flight compartment and cabin area of McDonnell Douglas Model DC-9 
series airplanes. Investigation revealed that long-term use and break 
down of the internal components of the circuit breakers, manufactured 
by Wood Electric Corporation or Wood Electric Division of Potter 
Brumfield Corporation, attributed to internal overheating and arcing of 
the circuit breakers. This condition, if not corrected, could result in 
smoke and fire in the flight compartment and main cabin.

Other Related Rulemaking

    The FAA, in conjunction with Boeing and operators of McDonnell 
Douglas Model DC-9 series airplanes is continuing to review all aspects 
of the service history of those airplanes to identify potential unsafe 
conditions and to take appropriate corrective actions. This proposed 
airworthiness directive (AD) is one of a series of actions identified 
during that process. The process is continuing and the FAA may consider 
additional rulemaking actions as further results of the review become 
available.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin DC9-24A171, Revision 01, dated September 21, 1999, which 
describes procedures for a one-time visual inspection of circuit 
breakers to determine the manufacturer of the circuit breakers, and 
replacement of any circuit breaker manufactured by Wood Electric 
Corporation or Wood Electric Division of Potter Brumfield Corporation 
with a new circuit breaker. Accomplishment of the actions specified in 
the service bulletin is intended to adequately address the identified 
unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Differences Between Proposed AD and Service Bulletin

    Operators should note that the proposed AD would require 
replacement of any circuit breaker manufactured by Wood Electric 
Corporation or Wood Electric Division of Potter Brumfield Corporation 
with a new circuit breaker within 18 months after the effective date of 
this AD. The service bulletin recommends that the replacement should be 
accomplished within 12 months from issuance of the service bulletin. In 
developing an appropriate compliance time for this proposed action, the 
FAA considered not only the manufacturer's recommendation, but the 
availability of required parts. We find that 18 months represents an 
appropriate time allowable wherein an ample number of required parts 
will be available for modification of the U.S. fleet within the 
proposed compliance period. We also find that such a compliance time 
will not adversely affect the safety of the affected airplanes.

Cost Impact

    There are approximately 830 Model DC-9 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 540 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 80 work hours per airplane to accomplish 
the proposed inspection of circuit breakers (over 700 installed on each 
airplane), and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $2,592,000, or $4,800 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

[[Page 30103]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 99-NM-287-AD.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; and C-9 (military) airplanes, as listed in McDonnell 
Douglas Alert Service Bulletin DC9-24A171, Revision 01, dated 
September 21, 1999; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent internal overheating and arcing of circuit breakers 
and airplane wiring due to long-term use and breakdown of internal 
components of the circuit breakers, which could result in smoke and 
fire in the flight compartment and main cabin, accomplish the 
following:

Inspection and Replacement, If Necessary

    (a) Within 18 months after the effective date of this AD: 
Perform a one-time general visual inspection of circuit breakers to 
determine the manufacturer of the circuit breaker, in accordance 
with McDonnell Douglas Alert Service Bulletin DC9-24A171, Revision 
01, dated September 21, 1999.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If no Wood Electric Corporation or Wood Electric Division of 
Potter Brumfield Corporation circuit breaker is found, no further 
action is required by this AD.
    (2) If any Wood Electric Corporation or Wood Electric Division 
of Potter Brumfield Corporation circuit breaker is found, prior to 
further flight, replace the circuit breaker with a new circuit 
breaker in accordance with the service bulletin.

Spares

    (b) As of the effective date of this AD, no person shall 
install, on any airplane, a circuit breaker having a part number 
listed in paragraph 1.A.2., ``Spares Affected,'' of McDonnell 
Douglas Alert Service Bulletin DC9-24A171, Revision 01, dated 
September 21, 1999.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permit

    (d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

    Issued in Renton, Washington, on May 25, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-14002 Filed 6-4-01; 8:45 am]
BILLING CODE 4910-13-U